Amnesty: land restitution to Brazil indigenous communities a positive yet inadequate measure – JURIST
Amnesty International (AI) welcomed on Tuesday Itaipu Binacional’s decision to finance the restitution of indigenous land in Brazil to the Avá Guaraní Paranaense people (“the Avá Guaraní”). These lands were previously dispossessed for the construction of the Itaipú hydroelectric dam, a joint project between Brazil and Paraguay. However, the organization stressed that while this measure is a positive first step toward compensating the Avá Guaraní for the human rights violations they have endured, it does not discharge Itaipu Binacional or the respective governments from their duty to provide full reparation to the indigenous communities.
AI Americas Director Ana Piquar stated:
The commitment to purchase 3,000 hectares of land in Brazil with resources from Itaipu Binacional is a result of the resistance of the Avá Guaraní Paranaense people. It does not, however, relieve the company and the governments of Brazil and Paraguay of their responsibility to provide comprehensive reparations to a people who have struggled for more than 40 years to reclaim their land.
Itaipu Binacional’s commitment to finance the restoration of a portion of indigenous land stems from a settlement agreement endorsed by Brazil’s Supreme Federal Court. This agreement requires the company to issue a formal apology acknowledging its responsibility for the human rights violations and the damages that the Avá Guaraní communities endured during the construction of the hydroelectric dam. It also orders Itaipu Binacional to finance the purchase of thousands of hectares of land for these communities, which have been displaced due to the dam’s construction. The settlement agreement follows a lawsuit filed by the Brazil attorney general’s office on behalf of the Avá Guaraní indigenous communities against Itaipu Binacional and other Brazilian agencies.
The Avá Guaraní welcomed this partial land restitution, stating that it brings hope and relief to their community after 40 years of land reclamation and struggle for formal recognition of the atrocities they suffered. However, they emphasized that this partial land restoration is still insufficient to address the total damages experienced by 31 indigenous communities. AI echoed these concerns and highlighted the need for full reparation for the harm these communities endured during the construction and operation of the Itaipú hydroelectric dam. Full restoration of the territory is necessary to recover the livelihood it provides, including traditional farming, fishing, and forest management.
Itaipu Binacional is a company established through a partnership between the governments of Brazil and Paraguay to facilitate the construction of a hydropower plant on the Paraná River, which borders the two countries. The construction of the hydropower plant took place from 1975 to 1982, with both Paraguay and Brazil owning half of the produced electricity. However, the installation of the power plant was accompanied by significant human rights violations against the Avá Guaraní, including expropriations, flooding of a large portion of their territory, forced displacement, and improper land division. Under international law, companies are required to conduct human rights due diligence and the UN Declaration on the Rights of Indigenous Peoples stipulates that states have to take all necessary measures to ensure the rights of indigenous peoples are respected.
